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Journal of Regulatory Compliance

Nuclear Energy: Safety and Viability

The United States currently stands ready to make energy decisions that will impact every U.S. citizen alive today and generations moving forward. President Joe Biden committed to fighting climate change in his campaign for President and has continued in this vein by making goals to halve U.S. carbon emissions by 2030 and further, to create a net-zero carbon economy by 2050. The key to this plan is the not-so-simple issue of electricity generation.

Robinhood Can’t Seem to Keep User Data Safe: Data Breach Exposes the Personal Data of Millions of Users

On November 3, 2021, Robinhood Markets Inc., a popular online stock trading app, reported that an intruder gained access to its systems, obtaining the personal information of millions of its users. With its sudden rise to popularity and contempt following the GameStop stock volatility, and an ongoing class action lawsuit concerning a previous breach, Robinhood is in hot water with both customers and regulatory agencies alike.

Industries Deserve Consistent Apprenticeship Rules and Regulations

November 15, 2021, marked the beginning of the seventh annual National Apprenticeship week. That same day, the United States Department of Labor (DOL) published a proposal to rescind its regulation and recently established framework regarding Standards Recognition Entities (SREs) of Industry Recognized Apprenticeship Programs (IRAPs). To succeed, industries offering apprenticeships need consistent rules and regulations that do not change at the whim of the executive branch. Passing the National Apprenticeship Act of 2021 (Act) is one way that Congress can support established registered apprenticeship programs.

A Progressive Move for New York’s Office of Cannabis Management

Earlier this month Tremaine Wright, the woman in charge of New York’s cannabis regulation revealed a plan to promote social equity through conscientious licensing and tax revenue policies. New York legalized cannabis recently, so its regulations for it are still in a fledgling stage. As a result, the policies being made now will shape the cannabis industry for years to come.

The Free Britney Movement and the Call for Conservatorship Reform

Britney Spears: global pop superstar, Grammy award winner, songwriter, dancer, and … the face of the conservatorship reform movement? Ms. Spears can add a new line onto her prolific resume, as legal issues stemming from her decade-plus long conservatorship have shed a light on conservatorship abuse. Britney has subsequently fueled the push to reform conservatorship regulations that affect over an estimated 1.3 million adults in the United States.

Treasury’s Proposal Aimed at Limiting Tax Evasion by The Wealthy, May End Up Harming Everyone Else

In May of 2021, the United States Department of Treasury (“Treasury”) introduced its revenue proposals for the 2022 fiscal year. One of the proposals that garnered significant attention was the Comprehensive Financial Account Reporting to Improve Tax Compliance; under this proposal, financial institutions will be required to report to the Treasury the total amount of inflow and outflow on bank, loan, and investment accounts for accounts that hold at least $600 a year. Since its introduction and after serious political push-back, this amount has since been increased to accounts that hold at least $10,000 a year.

If the reporting requirement is implemented, the Biden Administration proposes to raise the Internal Revenue Service (“IRS”) funding by $80 billion to finance the cost of additional auditors and equipment. However, the Biden Administration, with the proposal’s implementation, expects a payoff of $460 billion over ten years in additional revenue. Although this proposal is intended at limiting wealth tax evasion, this proposal misses the mark. Specifically, it does not adequately address businesses that are able to cheat tax codes by stretching the current law, and instead scrutinizes small businesses and individuals while it exponentially increases the personal data held by the Treasury.

The DOJ Challenges Penguin Random House’s Acquisition of Simon & Schuster

In the United States, “The Big Five” denote the largest five publishing houses. These publishing empires print everything from medical textbooks to children’s books and together control over eighty percent of the publishing market. The Big Five includes Penguin Random House, HarperCollins, Simon & Schuster, Hachette, and Macmillan. In November of 2020, Viacom announced the sale of Simon & Schuster to Penguin Random House for $2.175 billion. A year later on November 2, 2021, the U.S. Department of Justice announced a lawsuit challenging the acquisition to ensure “fair competition in the U.S. publishing industry.”

Compliance Spotlight: William Hanning, CISSP, CISO

William Hanning is a Chief Information Security Officer with Groups360 and close to twenty years of Information Security experience. Mr. Hanning has built and managed security programs in multiple industries in organizations of varying sizes, as well as within Fortune 100 companies. Here, he gives insight about the separation between data privacy and cybersecurity, the role of information security teams, and how cybersecurity relates to and supports the work of legal and compliance departments.

Eradicating Real Guns in Hollywood: Why No One’s Life Should be Put at Risk on a Fictional Movie Set.

On October 21, 2021, actor Alec Baldwin fatally shot a cinematographer, Halyna Hutchins, and injured director Joel Souza on the set of the western film, Rust. Details of the tragic accident are still surfacing, but the incident has already sparked debate over the safety of cast and crew in Hollywood. With access to so much technology and computer-generated work behind the scenes, there is no longer a need for real guns in Hollywood. Despite the regulations on guns on Hollywood film sets, accidents still happen. Cast and crew should not have to risk their lives over something that is one hundred percent preventable.

The Deferred Action for Childhood Arrivals and Its Failure to Protect Our Undocumented Communities

U.S. Citizenship and Immigration Services (USCIS) has proposed new regulations regarding DACA and is accepting comments on the proposed rule. USCIS claims that the new regulations will preserve and fortify the Department of Homeland Security (DHS) policy. As well as respond to President Biden’s memorandum from January 20, 2021, where Biden states in support of DACA, that “these immigrants (DACA recipients) should not be a priority for removal based on humanitarian concerns, and that work authorization will enable them to support themselves, and contribute to our economy, while they remain(in the U.S.)” USCIS further claims that DACA has been economically and socially beneficial to undocumented communities. It reiterates their “consistent judgment” that DACA recipients should not be a priority for removal citing Secretary Napolitano’s 2012 memorandum that DACA recipients lacked the intent to violate the law as children. Further, “removing productive young people (unless justified)” is not a prudent way to spend border resources. The agency continues to provide that the proposed regulation does not provide lawful status or path to citizenship. Despite the use of language that speciously centers on DACA recipients, the proposed provisions are at best superficial and continue to leave undocumented young people in a state of uncertainty.